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High Court of Gujarat

JAMATMAL JETHANAND BHAMBHANIversusSTATE OF GUJARAT

Disposal
38-RULE ABSOLUTE/ALLOWED @ FH

Holding

The Court held that the application under Section 482 CrPC is maintainable and quashed the FIR.

Summary

The applicants, Jamatmal Jethanand Bhambhani & Anr, filed a special criminal application under Section 482 of the Code of Criminal Procedure seeking to quash FIR No. 11208050230733 of 2023, which alleged offences under IPC Sections 504, 506(2), 120B and 114. The first informant, Mrs. Mahek (respondent No.2), submitted an affidavit stating that the dispute had been amicably settled, a family suit had been filed and the marriage dissolved, and she no longer wished to pursue criminal proceedings. The State (respondent No.1) waived service of notice. Both parties agreed that the FIR and subsequent proceedings should be set aside. The Court, after considering the affidavit and submissions, held that the application was maintainable under Section 482 and quashed the FIR. Consequently, the FIR was ordered to be set aside in the interest of justice.

Issues considered

  • Whether an FIR can be quashed under Section 482 CrPC on the ground of an amicable settlement and withdrawal of the complainant's wish to proceed.

Legislation cited

Subjects

amicable settlementquash of FIRSection 482 CrPCcriminal procedureIPC offencesGujarat High Court

Judgment

      R/SCR.A/12413/2023                         ORDER DATED: 25/03/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 12413 of 2023

==========================================================
                  JAMATMAL JETHANAND BHAMBHANI & ANR.
                                  Versus
                        STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR KRUNAL L SHAHI(6519) for the Applicant(s) No. 1,2
NOTICE SERVED for the Respondent(s) No. 2
MR K M ANTANI, APP for the Respondent(s) No. 1
==========================================================
     CORAM:HONOURABLE MR.JUSTICE J. L. ODEDRA

                            Date : 25/03/2026

                              ORAL ORDER


1.       Present application is preferred by the Applicants under
Section 482 of the Code of Criminal Procedure, seeking quashing of
FIR No. 11208050230733 of 2023 registered with City A Division
Police Station, Rajkot City for the offences punishable under
Sections 504, 506(2), 120B, 114 of the Indian Penal Code.


2.       Learned advocate Mr. P.D. Pithadiya submits that he has
instructions to appear on behalf of the respondent no.2 and he may
be permitted to file his vakalatnama.

         Permission as sought for is granted. The Registry is directed
to accept vakalatnama of learned advocate Mr. P.D. Pithadiya.




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     R/SCR.A/12413/2023                            ORDER DATED: 25/03/2026




3.       Heard learned Advocate for the Applicants and learned APP
for the Respondent – State.


4.       Rule. Learned APP waives service of notice for and on behalf
of the respondent – State.


5.       Learned Advocate for the Applicants has submitted that the
matter has been amicably settled between the parties and they are
now not willing to proceed with the complaint any further.


6.       Leaned Advocate Mr. P.D. Pithadiya      appearing on behalf of
Respondent No. 2, who is present before this Court, has placed on
record duly sworn in Affidavit dated 12.01.2026. The same is
ordered to be taken on record.          Learned Advocate has submitted
that matter has been amicably settled between the parties and there
is no objection if present application is allowed. The affidavit reads
thus:


“       I, Mrs. Mahek w/o Lalitbhai Bhambhani, Aged about 40 years,
residing at Block D2/301, Dream City, Behind Aalap Green City,
Raiya Road, Rajkot, the respondent no.2 in the application
mentioned above and the original first informant herein, do hereby
solemnly affirm and state on oath as under:-

         1. I am fully conversant with the facts and circumstances of
         the case, and being the respondent no.2 and the original first



                                 Page 2 of 4
R/SCR.A/12413/2023                           ORDER DATED: 25/03/2026




   informant. Therefore, I am duly competent to file the present
   affidavit. I further state that at the outset, the disputes and
   grievances with all accused persons have been amicably
   settled outside the court, and I do not wish to proceed any
   further against any of the applicants/accused. Therefore, the
   FIR lodged by me on 21/08/2023 before Rajkot city A-
   Division Police-Station being FIR No. 11208050230733 of 2023
   for offences punishable u/s 504. 506(2), 114, 120(b) of IPC,
   and Charge-Sheet which came to filed on 10/11/2023, and all
   other consequential proceedings in connection with the FIR
   mentioned above be quashed on the ground of an amicable
   settlement arrived between us.

   2. I say and submit that I have resolved the dispute with all
   the applicants/accused, and now I do not have any further
   grievances against any of the accused persons. I state that I
   have been residing at the address mentioned above. After an
   amicable settlement between all accused persons, my husband
   [accused no.2 in the charge-sheet] and I, mutuallyfiled a
   family suit, being Family Suit No. 832 of 2025, before the Ld.
   Family Court, Rajkot. The Ld. Family Court, Rajkot, was
   pleased to dissolve the marriage of the respondent no.2 with
   her husband, vide order dated 22/12/2025 at Exh-19.

   3. I have entered into a compromise for out better future,
   and after filing the above FIR, I realized the nature of
   hardships and inconvenience, socially and mentally, it will


                           Page 3 of 4
      R/SCR.A/12413/2023                                                             ORDER DATED: 25/03/2026




          cause to both the sides, if the criminal proceedings continue,
          both sides are subjected to the rigors of a criminal trial,
          which will immensely affect our future prospects of a better
          life.

          4. In the above-mentioned facts and circumstances, I, at my
          free will, wish, and desire, stating on oath that I do not wish
          to      prosecute/proceed                   further          against          the       applicants/the
          accused, as the dispute has been amicably settled. I state and
          submit that FIR lodged by me on 21/08/2023 before Rajkot
          city A Division Police Station, being FIR No. 11208050230733
          of 2023 for offences punishable u/s 504, 506(2), 114, 120(b)
          of      IPC,       and       Charge-Sheet               and        all     other         consequential
          proceedings against the present applicants. Therefore, the
          present FIR and all other subsequent proceedings arising out
          of it may be quashed in the interest of justice.”


6.        Considering averments made in the Affidavit as also the
submissions made by the learned Advocates for the respective
parties, the present Application deserves to be allowed and is
hereby allowed.                 The FIR being CR No. 11208050230733 of 2023
registered with A Division Police Station, Rajkot City is hereby
quashed and set aside qua the present applicants.

          Rule is made absolute. Direct service is permitted.


                                                                                            (J. L. ODEDRA, J)
PD
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PARUL DUTTA(HCD0073), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 27/03/2026 16:47:51

                                                      Page 4 of 4


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